The Number One Way to Avoid Hefty Legal Fees in Divorce

Chances are you’ve heard about astronomical legal fees charged by divorce lawyers and never-ending court battles.

Although such cases are not the norm, we hear about them because, while rare, they do exist.
But why do they exist? And how can you avoid paying hefty legal fees in divorce?

In 25 years of practicing law, my experience is that the answer boils down to one thing:
The divorce lawyer each spouse hires.

Specifically, when one or both spouses hires a “pit bull” who promises to “win” results by going right to court, legal fees can quickly get out of hand.

This type of divorce lawyer tends to litigate every issue, from filing motions with the court to wasting time and money on pointless threatening letters.

Therefore, the number one way to avoid hefty legal fees is for both spouses to each hire a lawyer who:
(1) practices solely or primarily divorce and family law;
(2) has significant experience in resolving divorce and family law issues; and
(3) is settlement focused and prefers to reach divorce agreements out of court.
Once you and/or your spouse decide to divorce, even if you disagree on many things, you can both commit to hiring lawyers that can keep the cost down.

Ask the Right Questions.

Make sure you and your spouse each ask the following questions when meeting with potential divorce lawyers:

1. What percentage of your cases are dedicated to New Jersey divorce and family law?

New Jersey separation and divorce laws are highly technical. An attorney without such intimate knowledge and experience can cost you much in the long run.

2. How long have you practiced divorce and family law in New Jersey?

An experienced family law attorney will likely consider cost-effective alternatives to litigation, including out of court settlements, collaborative divorce and mediation.
These alternative divorce processes are more likely to save time and money in divorce.
More experienced lawyers often charge higher rates; but you may actually save money because they can often do the work at a faster pace and with less new research than general practitioners who don’t know a much about the nuances of divorce and family law.

3. How will you approach my case?

Observe how personal the response is.

Is the lawyer determined to help you get what you want out of the divorce or are the answers general or vague?

Look for responses that focus on a genuine desire to facilitate negotiations to achieve the most favorable outcome for you as early as possible without sacrificing your objectives.

Then there are divorce lawyers who tell you they are settlement-focused but then their actions are anything but once their hired. So make sure when meeting with them they can articulate a process for settlement of your divorce out of court.

4. What are the fees you charge?

Don’t settle for vague answers to questions about fees. While no lawyer likely knows exactly how much it will cost to handle your case, they should be willing to tell you as much as possible about fees.

By the same token, if the retainer fee quoted to you is so low that it is almost too good to be true, chances are the retainer amount is no indication of how much you will ultimately spend.

5. Who will be in charge of my case?

Often, particularly in larger law firms, the lawyer will tell you that you will save fees by having your case assigned to a less experienced associate.

What many clients don’t realize, however, is that they would likely pay more for the less experienced associate to do the work.

In addition, clients are often billed for the work of two lawyers – the partner and associate – and both lawyers often show up for court appearances.

What to Look For When Meeting with a Divorce Lawyer.

Observe the lawyer’s approach towards you. Does he or she listen? Is the lawyer in a hurry to offer you solutions or do they take their time to hear your questions and concerns?

Be wary if you feel rushed or not thoroughly heard.

Ultimately, you should go with your gut feeling when selecting your attorney. Keep in mind first impressions aren’t likely to change.

Based on the answers to your questions, your observations about the lawyer’s style, and how you feel after your consultation, you should know whether the lawyer you met with is right for you.

The Bottom Line.

The key to minimizing legal fees in divorce is for both you and your spouse to hire a divorce lawyer with the characteristics above.

For additional ways to avoid heft legal fees in divorce, check out this article.

To learn how to resolve your divorce or family legal matter, contact us to schedule a personalized one-on-one consultation.